Landon Collins Talkington v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-15-00320-CR

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LANDON COLLINS TALKINGTON, Appellant V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 411th District Court Polk County, Texas

Trial Cause No. 23885

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MEMORANDUM OPINION

The trial court sentenced Landon Collins Talkington on May 19, 2015. On August 10, 2015, Talkington filed a notice of appeal from an order denying a “Motion to Waiver Payment of Fines, Court Cost, and Court-Appointed Attorney Fees.” See generally Tex. Code Crim. Proc. Ann. art. 43.091 (West Supp. 2014). An appeal in a criminal case must be specifically authorized by statute, and a court of appeals lacks jurisdiction to review interlocutory and post-judgment orders unless such jurisdiction has been expressly granted by law. Apolinar v. State, 820

2

S.W.2d 792, 794 (Tex. Crim. App. 1991) (no interlocutory appeal from an order denying a special plea); see also Haile v. State, 451 S.W.3d 856, 857-58 (Tex. App.—Austin 2014, no pet.) (no appeal from a trial court’s post-judgment ruling denying a motion to dismiss court costs and fines). Talkington has failed to show any authority granting an intermediate appellate court jurisdiction to consider an appeal from the denial of his post-conviction motion. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Submitted on September 22, 2015 Opinion Delivered September 23, 2015 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.